Texas 2025 - 89th Regular

Texas House Bill HB4206 Compare Versions

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1	1		By: Toth H.B. No. 4206
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the creation of the office of inspector general for
7	9		education at the Texas Education Agency to investigate the
8	10		administration of public education and required reporting on
9	11		misconduct by employees of certain educational entities; creating a
10	12		criminal offense; increasing an administrative penalty;
11	13		authorizing an administrative penalty.
12	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	15		SECTION 1. Chapter 7, Education Code, is amended by adding
14	16		Subchapter E to read as follows:
15	17		SUBCHAPTER E. OFFICE OF INSPECTOR GENERAL FOR EDUCATION
16	18		Sec. 7.151. DEFINITIONS. In this subchapter:
17	19		(1) "Inspector general" means the inspector general
18	20		for education appointed under this subchapter.
19	21		(2) "Office" means the office of inspector general for
20	22		education established under this subchapter.
21	23		Sec. 7.152. OFFICE OF INSPECTOR GENERAL FOR EDUCATION. (a)
22	24		The office of inspector general for education is established as a
23	25		separate and independent division within the agency. The office
24	26		shall operate independently in performing the office's duties under
25	27		this subchapter, and the agency may not maintain control of or a
26	28		vested interest in or exert influence over the office.
27	29		(b) The board shall, by a vote of at least two-thirds of
28	30		board members and subject to the advice and consent of the senate,
29	31		appoint an inspector general to serve as director of the office.
30	32		(c) The appointment of inspector general shall be made
31	33		without regard to political affiliation. To be eligible for
32	34		appointment as inspector general, a person must be:
33	35		(1) certified as an inspector general investigator by
34	36		the Association of Inspectors General or possess an equivalent
35	37		credential as determined by that association; and
36	38		(2) qualified, by experience or education, in:
37	39		(A) at least one of the following areas of
38	40		primary expertise:
39	41		(i) the practice of law;
40	42		(ii) fraud investigation; or
41	43		(iii) the operations of an inspector
42	44		general; and
43	45		(B) at least two of the following areas of
44	46		secondary expertise:
45	47		(i) whistleblower investigations;
46	48		(ii) criminal investigations;
47	49		(iii) auditing;
48	50		(iv) government operations;
49	51		(v) financial analysis; or
50	52		(vi) operation management analysis.
51	53		(d) The inspector general serves for a term of four years
52	54		and continues to serve until a successor has been appointed. The
53	55		inspector general may be reappointed for subsequent terms.
54	56		(e) If a vacancy occurs in the position of inspector general
55	57		and has remained unfilled for more than 60 days, the governor may
56	58		appoint an interim inspector general to serve until a successor is
57	59		appointed.
58	60		(f) The inspector general may be removed by the board by a
59	61		vote of at least two-thirds of board members for:
60	62		(1) substantiated malfeasance or gross misfeasance in
61	63		office;
62	64		(2) evidence of persistent failure to perform the
63	65		duties of the office; or
64	66		(3) substantiated conduct prejudicial to the proper
65	67		administration of justice.
66	68		(g) The inspector general shall be compensated under Salary
67	69		Schedule C of the General Appropriations Act.
68	70		Sec. 7.153. ADMINISTRATIVE POWERS AND DUTIES. (a) The
69	71		inspector general may employ professional staff, investigators,
70	72		and other personnel, including peace officers, as necessary for the
71	73		office to perform its duties.
72	74		(b) The inspector general shall supervise all personnel
73	75		employed by the office.
74	76		(c) The inspector general shall adopt a professional code of
75	77		conduct and ethics for all office employees that ensures the office
76	78		maintains the highest standards of integrity, impartiality, and
77	79		confidentiality.
78	80		(d) The inspector general and each office employee is
79	81		subject to all applicable state laws regarding ethics and conflicts
80	82		of interest, including the nepotism prohibitions under Chapter 573,
81	83		Government Code. The board shall adopt protocols for the office to
82	84		ensure the office's compliance with all applicable laws.
83	85		(e) The agency shall provide administrative, logistical,
84	86		and financial support to the office as necessary to facilitate the
85	87		successful and impartial operation of the office without prejudice
86	88		or undue influence on the office's functions, powers, or duties.
87	89		Sec. 7.154. GENERAL RESPONSIBILITIES. (a) The office
88	90		shall:
89	91		(1) perform inspections, evaluations, and reviews and
90	92		provide quality control for investigations initiated by the agency;
91	93		(2) investigate complaints and allegations of:
92	94		(A) fraud, waste, or abuse of agency money;
93	95		(B) employee misconduct described by Section
94	96		21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B); or
95	97		(C) conduct by an employee of the agency that:
96	98		(i) threatens the safety of public school
97	99		students in this state; or
98	100		(ii) demonstrates negligence,
99	101		incompetence, misfeasance, or malfeasance;
100	102		(3) cooperate with and coordinate investigative
101	103		efforts with law enforcement and, if a preliminary investigation
102	104		establishes a sufficient basis for referral to law enforcement,
103	105		refer the matter to the appropriate local law enforcement agency,
104	106		prosecuting attorney, or federal law enforcement agency; and
105	107		(4) perform all other duties required under the
106	108		memorandum of understanding entered into under Section 7.157.
107	109		(b) If the office is unable to investigate a complaint or
108	110		allegation because of a conflict of interest, the office shall
109	111		refer the complaint or allegation to the attorney general for
110	112		referral to another investigative entity.
111	113		Sec. 7.155. GENERAL POWERS. (a) In conducting an
112	114		investigation under Section 7.154(a)(2), the inspector general
113	115		may:
114	116		(1) issue letters of spoliation to any person who may
115	117		possess or control evidence relevant to an investigation;
116	118		(2) subpoena any person or evidence;
117	119		(3) administer oaths;
118	120		(4) take and certify affidavits;
119	121		(5) take depositions and other testimony; and
120	122		(6) access all records produced or maintained by an
121	123		entity that is the subject of the investigation.
122	124		(b) A letter of spoliation issued under Subsection (a) must:
123	125		(1) identify the specific evidence relevant to the
124	126		investigation;
125	127		(2) explain the importance of preserving the evidence;
126	128		and
127	129		(3) inform the letter recipient of the potential legal
128	130		consequences of failing to preserve evidence subject to the letter.
129	131		(c) An entity that is the subject of an investigation shall
130	132		provide access to any record requested by the inspector general not
131	133		later than the 30th day after the date on which the inspector
132	134		general notifies the entity of the request.
133	135		(d) If a person fails to comply with a subpoena issued under
134	136		Subsection (a), the inspector general, acting through the attorney
135	137		general, may file suit to enforce the subpoena in a district court
136	138		in this state. On a finding that good cause exists for issuing the
137	139		subpoena, the court shall order the person to comply with the
138	140		subpoena and may punish a person who fails to obey the court order.
139	141		(e) In addition to the inspector general's powers under
140	142		Subsection (d), the inspector general may coordinate with a local
141	143		law enforcement agency or the attorney general to seek a court order
142	144		to compel the preservation of evidence or obtain access to relevant
143	145		documents or information.
144	146		Sec. 7.156. DUTY TO INVESTIGATE EMPLOYEE MISCONDUCT;
145	147		REFERRAL OF FINDINGS OF MISCONDUCT. (a) Notwithstanding Section
146	148		21.062, the office has the exclusive duty and responsibility to
147	149		investigate allegations of employee misconduct described by
148	150		Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B).
149	151		(b) Not later than the 120th day after the date on which an
150	152		investigation by the office into employee misconduct described by
151	153		Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B) results
152	154		in a substantiated finding of misconduct, the inspector general
153	155		shall refer the findings for appropriate administrative action to:
154	156		(1) if the employee who engaged in the misconduct is an
155	157		educator, the State Board for Educator Certification; or
156	158		(2) if the employee who engaged in the misconduct is
157	159		not an educator, the commissioner.
158	160		(c) The State Board for Educator Certification or
159	161		commissioner, as applicable, shall determine the appropriate
160	162		administrative action to take under Subsection (b) based on the
161	163		applicable state law and rules governing standards for
162	164		certification and employee conduct.
163	165		(d) The inspector general shall adopt rules to implement
164	166		this section in accordance with Chapter 552, Government Code.
165	167		Sec. 7.157. MEMORANDUM OF UNDERSTANDING; REPORT. (a) The
166	168		inspector general, board, and attorney general shall enter into a
167	169		memorandum of understanding to develop and implement procedures
168	170		regarding allegations of fraud, waste, or abuse of agency money or
169	171		other violations of state or federal law. The memorandum of
170	172		understanding shall require:
171	173		(1) the inspector general and attorney general to:
172	174		(A) set priorities and guidelines regarding the
173	175		referral of matters from the inspector general to the attorney
174	176		general, including allegations of conduct that would constitute a
175	177		violation of or an offense under any of the following provisions:
176	178		(i) Section 21.006, 22.093, or 38.004,
177	179		Education Code;
178	180		(ii) Section 261.101, Family Code; or
179	181		(iii) Section 21.08, 21.11, 21.12, 21.15,
180	182		21.16, 22.04, 33.021, 43.25, or 43.26, Penal Code; and
181	183		(B) provide to the legislature for the purpose of
182	184		improving state law any requested information regarding a matter
183	185		that has been investigated and resolved under this subchapter;
184	186		(2) the inspector general to:
185	187		(A) refer to the attorney general an allegation
186	188		of fraud, waste, or abuse of agency money or other violation of
187	189		state law over which the attorney general has jurisdiction not
188	190		later than the 20th business day after the date on which the
189	191		allegation is substantiated; and
190	192		(B) keep detailed records regarding matters
191	193		handled by the office or referred to the attorney general,
192	194		including the total number of matters handled and with respect to
193	195		each matter:
194	196		(i) the entity, and, if applicable, the
195	197		division within the entity, to which the matter was referred;
196	198		(ii) the date on which the matter was
197	199		referred; and
198	200		(iii) the nature of the alleged fraud,
199	201		waste, or abuse of agency money or the provision of law that was
200	202		allegedly violated;
201	203		(3) the attorney general to:
202	204		(A) take appropriate action on each matter
203	205		referred from the inspector general under Subdivision (2); and
204	206		(B) notify the inspector general of the
205	207		disposition of each matter referred to the attorney general,
206	208		including matters that the attorney general declined to prosecute;
207	209		and
208	210		(4) representatives from the office of inspector
209	211		general and the office of the attorney general to meet at least
210	212		quarterly to share information regarding allegations under this
211	213		subchapter and to ensure the appropriate entities are investigating
212	214		each matter.
213	215		(b) Information exchanged between the inspector general,
214	216		board, attorney general, and legislature under this section does
215	217		not affect the confidentiality of the information under Chapter
216	218		552, Government Code.
217	219		(c) Not later than January 31 of each year, the inspector
218	220		general, board, and attorney general shall submit to the governor,
219	221		lieutenant governor, and speaker of the house of representatives a
220	222		report regarding the actions taken by each entity in relation to
221	223		this subchapter during the preceding calendar year. A report
222	224		required under this subsection may be consolidated with any other
223	225		report relating to the same subject matter that the entity is
224	226		required to submit under other law.
225	227		Sec. 7.158. FEES. The inspector general, board, or
226	228		attorney general may not assess or collect from a state agency any
227	229		investigation or attorney's fees relating to an action taken under
228	230		this subchapter unless the attorney general or a state agency
229	231		collects or receives a penalty fee, restitution, or other type of
230	232		monetary reimbursement to the state related to the action.
231	233		Sec. 7.159. DATABASE. The office shall develop and
232	234		maintain a database containing information regarding all
233	235		complaints, allegations, investigations, reviews, inspections, and
234	236		evaluations made to or conducted by the office. The database must
235	237		contain the following information concerning each complaint,
236	238		allegation, investigation, review, inspection, or evaluation, as
237	239		applicable:
238	240		(1) the date on which the complaint or allegation was
239	241		received or the investigation, review, inspection, or evaluation
240	242		was completed;
241	243		(2) the date on which the person who filed the
242	244		complaint or made the allegation was notified that the office
243	245		received the complaint or allegation;
244	246		(3) the name of the person filing the complaint or
245	247		making the allegation;
246	248		(4) the name of each educational entity and campus
247	249		facility involved in the complaint or allegation;
248	250		(5) the subject matter of the complaint, allegation,
249	251		investigation, review, inspection, or evaluation;
250	252		(6) the name of each person contacted by the office as
251	253		part of the investigation, review, inspection, or evaluation;
252	254		(7) a summary of each action taken in response to or as
253	255		part of the complaint, allegation, investigation, review,
254	256		inspection, or evaluation; and
255	257		(8) if the inspector general makes a determination not
256	258		to investigate or recommend corrective action in response to the
257	259		complaint or allegation, the reason for that determination.
258	260		Sec. 7.160. CONFIDENTIALITY; DISCLOSURE OF PERSONALLY
259	261		IDENTIFYING INFORMATION. (a) Except as otherwise provided by this
260	262		section, all reports, documents, and records of the office are
261	263		confidential and not subject to disclosure under Chapter 552,
262	264		Government Code.
263	265		(b) The office may not disclose the name or any other
264	266		personally identifiable information of a person who files a
265	267		complaint with or makes an allegation to the office or who is a
266	268		witness in an investigation unless the inspector general:
267	269		(1) obtains the written consent of the person; or
268	270		(2) determines during the course of an investigation
269	271		that disclosure of the information is necessary and unavoidable.
270	272		(c) If the inspector general makes the determination
271	273		described by Subsection (b)(2), the inspector general shall notify
272	274		each person whose information will be disclosed not later than the
273	275		seventh business day before the disclosure.
274	276		Sec. 7.161. SEMIANNUAL REPORT. (a) The inspector general
275	277		shall prepare and submit semiannually to the governor,
276	278		commissioner, board, and legislature a report on the office's
277	279		findings related to all investigations, reviews, inspections,
278	280		evaluations, and other actions conducted or taken by the office
279	281		during the preceding six months. The report may not include
280	282		findings related to an ongoing investigation involving possible
281	283		criminal conduct, and any personally identifying information must
282	284		be redacted from the report.
283	285		(b) A report under this section is confidential and not
284	286		subject to disclosure under Chapter 552, Government Code.
285	287		Sec. 7.162. INTERFERENCE PROHIBITED; OFFENSE. (a) An
286	288		elected official, a legislative body, the commissioner, the board,
287	289		or any other person may not impede, interfere with, or inhibit the
288	290		inspector general from initiating, conducting, or completing an
289	291		investigation, review, inspection, or evaluation or another power
290	292		granted to the office under this subchapter.
291	293		(b) A person commits an offense if the person knowingly:
292	294		(1) interferes with an investigation, review,
293	295		inspection, or evaluation conducted by the office; or
294	296		(2) with the intent to deceive, makes a false
295	297		statement that is material to an investigation, review, inspection,
296	298		or evaluation conducted by the office.
297	299		(c) An offense under this section is a Class B misdemeanor.
298	300		(d) The inspector general shall refer to the attorney
299	301		general, in accordance with the memorandum of understanding entered
300	302		into under Section 7.157, any conduct that may constitute a
301	303		violation of or an offense under this section.
302	304		SECTION 2. Section 21.006(a), Education Code, is amended by
303	305		adding Subdivisions (1-a) and (1-b) to read as follows:
304	306		(1-a) "Inspector general" means the inspector general
305	307		for education appointed under Subchapter E, Chapter 7.
306	308		(1-b) "Office of inspector general" means the office
307	309		of inspector general for education established under Subchapter E,
308	310		Chapter 7.
309	311		SECTION 3. Section 21.006, Education Code, is amended by
310	312		amending Subsections (b), (b-1), (b-2), (c), (d), (e), (f), (h),
311	313		(i), and (k) and adding Subsections (b-3) and (e-1) to read as
312	314		follows:
313	315		(b) In addition to the reporting requirement under Section
314	316		261.101, Family Code, [and except as provided by Subsection (c-2),]
315	317		the superintendent or director of a school district, district of
316	318		innovation, open-enrollment charter school, other charter entity,
317	319		regional education service center, or shared services arrangement
318	320		shall notify the State Board for Educator Certification in
319	321		accordance with Subsection (c) if:
320	322		(1) an educator employed by or seeking employment by
321	323		the school district, district of innovation, charter school, other
322	324		charter entity, service center, or shared services arrangement has
323	325		a criminal record and the school district, district of innovation,
324	326		charter school, other charter entity, service center, or shared
325	327		services arrangement obtained information about the educator's
326	328		criminal record by a means other than the criminal history
327	329		clearinghouse established under Section 411.0845, Government Code;
328	330		(2) an educator's employment at the school district,
329	331		district of innovation, charter school, other charter entity,
330	332		service center, or shared services arrangement was terminated and
331	333		there is evidence that the educator:
332	334		(A) abused or otherwise committed an unlawful act
333	335		with a student or minor;
334	336		(A-1) was involved in a romantic relationship
335	337		with or solicited or engaged in sexual contact with a student or
336	338		minor;
337	339		(B) possessed, transferred, sold, or distributed
338	340		a controlled substance, as defined by Chapter 481, Health and
339	341		Safety Code, or by 21 U.S.C. Section 801 et seq.;
340	342		(C) illegally transferred, appropriated, or
341	343		expended funds or other property of the school district, district
342	344		of innovation, charter school, other charter entity, service
343	345		center, or shared services arrangement;
344	346		(D) attempted by fraudulent or unauthorized
345	347		means to obtain or alter a professional certificate or license for
346	348		the purpose of promotion or additional compensation; or
347	349		(E) committed a criminal offense or any part of a
348	350		criminal offense on school property or at a school-sponsored event;
349	351		(3) the educator resigned and there is evidence that
350	352		the educator engaged in misconduct described by Subdivision (2);
351	353		(4) an investigation into misconduct by the educator
352	354		described by Subdivision (2) resulted in a substantiated finding
353	355		that the educator engaged in the misconduct;
354	356		(5) the educator pleaded guilty or nolo contendere to,
355	357		was convicted of, or was placed on deferred adjudication community
356	358		supervision for an offense arising out of an incident of misconduct
357	359		described by Subdivision (2); or
358	360		(6) [(4)] the educator engaged in conduct that
359	361		violated the assessment instrument security procedures established
360	362		under Section 39.0301.
361	363		(b-1) A superintendent or director of a school district,
362	364		district of innovation, open-enrollment charter school, other
363	365		charter entity, regional education service center, or shared
364	366		services arrangement or a county board of school trustees may not:
365	367		(1) investigate an allegation that [shall complete an
366	368		investigation of] an educator [that involves evidence that the
367	369		educator] may have engaged in misconduct described by Subsection
368	370		(b)(2)(A) or (A-1); or
369	371		(2) make any determination concerning whether an
370	372		investigation into an alleged incident of misconduct described by
371	373		Subsection (b) should be conducted by the office of inspector
372	374		general [, despite the educator's resignation from employment
373	375		before completion of the investigation].
374	376		(b-2) The principal of a school district, district of
375	377		innovation, open-enrollment charter school, or other charter
376	378		entity campus must notify the superintendent or director of the
377	379		school district, district of innovation, charter school, or other
378	380		charter entity not later than the second [seventh] business day
379	381		after the date:
380	382		(1) of an educator's termination of employment or
381	383		resignation following an alleged incident of misconduct described
382	384		by Subsection (b); [or]
383	385		(2) the principal knew about an educator's criminal
384	386		record under Subsection (b)(1);
385	387		(3) the principal was notified of a substantiated
386	388		finding of misconduct or a plea of guilty or nolo contendere to,
387	389		conviction of, or placement on deferred adjudication community
388	390		supervision for an offense arising out of the alleged incident of
389	391		misconduct as described by Subsection (b)(4) or (5); or
390	392		(4) the principal was notified or otherwise knew about
391	393		an allegation of misconduct described by Subsection (b)(2)(A) or
392	394		(A-1) that was referred to the office of inspector general.
393	395		(b-3) The superintendent or director of a school district,
394	396		district of innovation, open-enrollment charter school, other
395	397		charter entity, regional education service center, or shared
396	398		services arrangement or a county board of school trustees shall
397	399		notify the office of inspector general not later than 24 hours after
398	400		the date the superintendent or director becomes aware that an
399	401		educator is alleged to have engaged in misconduct described by
400	402		Subsection (b)(2)(A) or (A-1).
401	403		(c) The [Except as provided by Subsection (c-2), the]
402	404		superintendent or director must notify the State Board for Educator
403	405		Certification as required by Subsection (b) by filing a report with
404	406		the board not later than the second [seventh] business day after the
405	407		date the superintendent or director:
406	408		(1) receives notice [a report] from a principal under
407	409		Subsection (b-2);
408	410		(2) [or] knew about an educator's termination of
409	411		employment or resignation following an alleged incident of
410	412		misconduct described by Subsection (b) or an employee's criminal
411	413		record under Subsection (b)(1); or
412	414		(3) is notified of a substantiated finding of
413	415		misconduct or a plea of guilty or nolo contendere to, conviction of,
414	416		or placement on deferred adjudication community supervision for an
415	417		offense arising out of the alleged incident of misconduct as
416	418		described by Subsection (b)(4) or (5).
417	419		(d) Not later than the second business day after the date on
418	420		which the superintendent or director files a report required by
419	421		Subsection (c), the [The] superintendent or director shall notify
420	422		the board of trustees or governing body of the school district,
421	423		open-enrollment charter school, other charter entity, regional
422	424		education service center, or shared services arrangement and the
423	425		educator of the filing of the report [required by Subsection (c)].
424	426		(e) Except as provided by Subsection (e-1), a [A]
425	427		superintendent, director, or principal of a school district,
426	428		district of innovation, open-enrollment charter school, other
427	429		charter entity, regional education service center, or shared
428	430		services arrangement who in good faith and while acting in an
429	431		official capacity provides notice to the office of inspector
430	432		general under Subsection (b-3) or files a report with the State
431	433		Board for Educator Certification under this section or communicates
432	434		with another superintendent, director, or principal concerning an
433	435		educator's criminal record or alleged incident of misconduct is
434	436		immune from civil or criminal liability that might otherwise be
435	437		incurred or imposed.
436	438		(e-1) A superintendent, director, or principal of a school
437	439		district, district of innovation, open-enrollment charter school,
438	440		other charter entity, regional education service center, or shared
439	441		services arrangement is not immune from civil or criminal liability
440	442		that might otherwise be incurred or imposed if the superintendent,
441	443		director, or principal violates Subsection (b-1), (b-2), or (b-3)
442	444		or Section 22.0931.
443	445		(f) The State Board for Educator Certification shall
444	446		determine whether to impose sanctions, including an administrative
445	447		penalty under Subsection (i), against a principal who fails to
446	448		provide notification to a superintendent or director in violation
447	449		of Subsection (b-2) or against a superintendent or director who
448	450		violates [fails to file a report in violation of] Subsection (b-1),
449	451		(b-3), or (c) or Section 22.0931.
450	452		(h) The name of the campus and school district, district of
451	453		innovation, open-enrollment charter school, other charter entity,
452	454		regional education service center, or shared services arrangement
453	455		at which the alleged incident of misconduct occurred and the name of
454	456		a student or minor who is the victim of abuse or unlawful conduct by
455	457		an educator must be included in a report filed under this section,
456	458		but the name of the student or minor is not public information under
457	459		Chapter 552, Government Code.
458	460		(i) If an educator serving as a superintendent or director
459	461		is required to provide notice under Subsection (b-3) or Section
460	462		22.0931 or file a report under Subsection (c) of this section and
461	463		fails to provide notice or file the report by the date required by
462	464		the applicable provision [that subsection], or if an educator
463	465		serving as a principal is required to notify a superintendent or
464	466		director about an educator's criminal record or alleged incident of
465	467		misconduct under Subsection (b-2) and fails to provide the notice
466	468		by the date required by that subsection, the State Board for
467	469		Educator Certification may impose on the educator an administrative
468	470		penalty of not less than $1,000 [$500] and not more than $10,000.
469	471		The State Board for Educator Certification may not renew the
470	472		certification of an educator against whom an administrative penalty
471	473		is imposed under this subsection until the penalty is paid. In
472	474		addition to the administrative penalty, the State Board for
473	475		Educator Certification may:
474	476		(1) require the educator to complete additional
475	477		training on child abuse reporting and recognition within a time
476	478		period set by the board;
477	479		(2) issue a formal written reprimand of the educator
478	480		to be included in the educator's certification record;
479	481		(3) suspend the educator's certification for a period
480	482		of not less than 30 days and not more than six months; or
481	483		(4) recommend that the educator's employing entity
482	484		terminate the educator's employment.
483	485		(k) The commissioner shall routinely [may] review the
484	486		records of a school district, district of innovation,
485	487		open-enrollment charter school, other charter entity, regional
486	488		education service center, or shared services arrangement to ensure
487	489		compliance with the requirement to report misconduct under this
488	490		section.
489	491		SECTION 4. Section 22.093, Education Code, is amended by
490	492		amending Subsections (a), (c), (d), (e), (f), (g), (h), (i), (j),
491	493		and (l) and adding Subsections (e-1), (f-1), and (h-1) to read as
492	494		follows:
493	495		(a) In this section:
494	496		(1) "Abuse" [, "abuse"] has the meaning assigned by
495	497		Section 261.001, Family Code, and includes any sexual conduct
496	498		involving a student or minor.
497	499		(2) "Inspector general" and "office of inspector
498	500		general" have the meanings assigned by Section 21.006.
499	501		(c) In addition to the reporting requirement under Section
500	502		261.101, Family Code, the superintendent or director of a school
501	503		district, district of innovation, open-enrollment charter school,
502	504		other charter entity, regional education service center, or shared
503	505		services arrangement shall notify the commissioner in accordance
504	506		with Subsection (f) if:
505	507		(1) an employee's employment at the school district,
506	508		district of innovation, charter school, other charter entity,
507	509		service center, or shared services arrangement was terminated and
508	510		there is evidence that the employee:
509	511		(A) abused or otherwise committed an unlawful act
510	512		with a student or minor; [or]
511	513		(B) was involved in a romantic relationship with
512	514		or solicited or engaged in sexual contact with a student or minor;
513	515		(C) possessed, transferred, sold, or distributed
514	516		a controlled substance, as defined by Chapter 481, Health and
515	517		Safety Code, or by 21 U.S.C. Section 801 et seq.;
516	518		(D) illegally transferred, appropriated, or
517	519		expended funds or other property of the school district, district
518	520		of innovation, charter school, other charter entity, service
519	521		center, or shared services arrangement;
520	522		(E) attempted by fraudulent or unauthorized
521	523		means to obtain or alter a professional certificate or license for
522	524		the purpose of promotion or additional compensation; or
523	525		(F) committed a criminal offense or any part of a
524	526		criminal offense on school property or at a school-sponsored event;
525	527		[or]
526	528		(2) the employee resigned and there is evidence that
527	529		the employee engaged in misconduct described by Subdivision (1);
528	530		(3) an employee employed by or seeking employment by
529	531		the school district, district of innovation, charter school, other
530	532		charter entity, service center, or shared services arrangement
531	533		obtained information about the employee's criminal record by a
532	534		means other than the criminal history clearinghouse established
533	535		under Section 411.0845, Government Code;
534	536		(4) an investigation into misconduct by the employee
535	537		described by Subdivision (1) resulted in a substantiated finding
536	538		that the employee engaged in the misconduct; or
537	539		(5) the employee pleaded guilty or nolo contendere to,
538	540		was convicted of, or was placed on deferred adjudication community
539	541		supervision for an offense arising out of an incident of misconduct
540	542		described by Subdivision (1).
541	543		(d) A superintendent or director of a school district,
542	544		district of innovation, open-enrollment charter school, other
543	545		charter entity, regional education service center, or shared
544	546		services arrangement or a county board of school trustees may not:
545	547		(1) investigate an allegation that [shall complete an
546	548		investigation of] an employee [that involves evidence that the
547	549		employee] may have engaged in misconduct described by Subsection
548	550		(c)(1)(A) or (B); or
549	551		(2) make any determination concerning whether an
550	552		investigation into an alleged incident of misconduct described by
551	553		Subsection (c) should be conducted by the office of inspector
552	554		general [, despite the employee's resignation from employment
553	555		before completion of the investigation].
554	556		(e) The principal of a school district, district of
555	557		innovation, open-enrollment charter school, or other charter
556	558		entity campus must notify the superintendent or director of the
557	559		school district, district of innovation, charter school, or other
558	560		charter entity not later than the second [seventh] business day
559	561		after the date:
560	562		(1) of an employee's termination of employment or
561	563		resignation following an alleged incident of misconduct described
562	564		by Subsection (c)(1)(A) or (B);
563	565		(2) the principal knew about an employee's criminal
564	566		record under Subsection (c)(3);
565	567		(3) the principal was notified of a substantiated
566	568		finding of misconduct or a plea of guilty or nolo contendere to,
567	569		conviction of, or placement on deferred adjudication community
568	570		supervision for an offense arising out of the alleged incident of
569	571		misconduct as described by Subsection (c)(4) or (5); or
570	572		(4) the principal was notified of or otherwise knew
571	573		about an allegation of misconduct described by Subsection (c)(1)(A)
572	574		or (B) that was referred to the office of inspector general.
573	575		(e-1) The superintendent or director of a school district,
574	576		district of innovation, open-enrollment charter school, other
575	577		charter entity, regional education service center, or shared
576	578		services arrangement or a county board of school trustees shall
577	579		notify the office of inspector general not later than 24 hours after
578	580		the date the superintendent becomes aware that an employee is
579	581		alleged to have engaged in misconduct described by Subsection
580	582		(c)(1)(A) or (B).
581	583		(f) The superintendent or director must notify the
582	584		commissioner as required by Subsection (c) by filing a report with
583	585		the commissioner not later than the second [seventh] business day
584	586		after the date the superintendent or director:
585	587		(1) receives notice [a report] from a principal under
586	588		Subsection (e);
587	589		(2) [or] knew about an employee's termination of
588	590		employment or resignation following an alleged incident of
589	591		misconduct described by Subsection (c)(1)(A) or (B); or
590	592		(3) is notified of a substantiated finding of
591	593		misconduct or a plea of guilty or nolo contendere to, conviction of,
592	594		or placement on deferred adjudication community supervision for an
593	595		offense arising out of the alleged incident of misconduct as
594	596		described by Subsection (c)(4) or (5).
595	597		(f-1) The report under Subsection (f) must be:
596	598		(1) in writing; and
597	599		(2) in a form prescribed by the commissioner.
598	600		(g) Not later than the second business day after the date on
599	601		which the superintendent or director files a report required by
600	602		Subsection (f), the [The] superintendent or director shall notify
601	603		the board of trustees or governing body of the school district,
602	604		district of innovation, open-enrollment charter school, other
603	605		charter entity, regional education service center, or shared
604	606		services arrangement and the employee of the filing of the report
605	607		[required by Subsection (f)].
606	608		(h) Except as provided by Subsection (h-1), a [A]
607	609		superintendent or director who in good faith and while acting in an
608	610		official capacity provides notice to the office of inspector
609	611		general under Subsection (e-1) or files a report with the
610	612		commissioner under Subsection (f) or a principal who in good faith
611	613		and while acting in an official capacity notifies a superintendent
612	614		or director under Subsection (e) is immune from civil or criminal
613	615		liability that might otherwise be incurred or imposed.
614	616		(h-1) A superintendent, director, or principal of a school
615	617		district, district of innovation, open-enrollment charter school,
616	618		other charter entity, regional education service center, or shared
617	619		services arrangement is not immune from civil or criminal liability
618	620		that might otherwise be incurred or imposed if the superintendent,
619	621		director, or principal violates Subsection (d), (e), or (e-1) or
620	622		Section 22.0931.
621	623		(i) The commissioner shall refer to the State Board for
622	624		Educator Certification an educator who violates [fails to file a
623	625		report in violation of] Subsection (d), (e), (e-1), or (f) or
624	626		Section 22.0931 [to the State Board for Educator Certification],
625	627		and the board shall determine whether to impose sanctions against
626	628		the educator. The State Board for Educator Certification may
627	629		impose on the educator an administrative penalty of not less than
628	630		$1,000 and not more than $10,000. The State Board for Educator
629	631		Certification may not renew the certification of an educator
630	632		against whom an administrative penalty is imposed under this
631	633		subsection until the penalty is paid. In addition to the
632	634		administrative penalty, the State Board for Educator Certification
633	635		may:
634	636		(1) require the educator to complete additional
635	637		training on child abuse reporting and recognition within a time
636	638		period set by the board;
637	639		(2) issue a formal written reprimand of the educator
638	640		to be included in the educator's certification record;
639	641		(3) suspend the educator's certification for a period
640	642		of not less than 30 days and not more than six months; or
641	643		(4) recommend that the educator's employing entity
642	644		terminate the educator's employment.
643	645		(j) The name of the campus and school district, district of
644	646		innovation, open-enrollment charter school, other charter entity,
645	647		regional education service center, or shared services arrangement
646	648		at which the alleged incident of misconduct occurred and the name of
647	649		a student or minor who is the victim of abuse or unlawful conduct by
648	650		an employee must be included in a report filed under this section,
649	651		but the name of the student or minor is not public information under
650	652		Chapter 552, Government Code.
651	653		(l) The commissioner shall routinely [may] review the
652	654		records of a school district, district of innovation,
653	655		open-enrollment charter school, other charter entity, regional
654	656		education service center, or shared services arrangement to ensure
655	657		compliance with the requirement to report misconduct under this
656	658		section.
657	659		SECTION 5. Section 21.0061, Education Code, is transferred
658	660		to Subchapter C-1, Chapter 22, Education Code, redesignated as
659	661		Section 22.0931, Education Code, and amended to read as follows:
660	662		Sec. 22.0931 [21.0061]. NOTICE AND PROVISION OF
661	663		INVESTIGATIVE REPORT TO PARENT OR GUARDIAN ABOUT EMPLOYEE
662	664		[EDUCATOR] MISCONDUCT; TRANSFER OF STUDENT. (a) The board of
663	665		trustees or governing body of a school district, district of
664	666		innovation, open-enrollment charter school, other charter entity,
665	667		regional education service center, or shared services arrangement
666	668		or a county board of school trustees shall adopt a policy under
667	669		which notice is provided to the parent or guardian of a student with
668	670		whom an employee [educator] is alleged to have engaged in
669	671		misconduct described by Section 21.006(b)(2)(A) or (A-1) or
670	672		22.093(c)(1)(A) or (B) informing the parent or guardian:
671	673		(1) that the alleged misconduct occurred;
672	674		(2) whether the employee [educator] was terminated
673	675		following an investigation of the alleged misconduct or resigned
674	676		before completion of the investigation; and
675	677		(3) whether a report was submitted to the State Board
676	678		for Educator Certification or commissioner concerning the alleged
677	679		misconduct.
678	680		(b) The policy required by this section:
679	681		(1) must require that information specified by
680	682		Subsection (a)(1) be provided verbally and in writing to the parent
681	683		or guardian not later than the end of the business day on which [as
682	684		soon as feasible after] the employing entity becomes aware that
683	685		alleged misconduct may have occurred; and
684	686		(2) may establish procedures for providing the
685	687		notification by the least intrusive methods and including options
686	688		of care for the student.
687	689		(c) Not later than the 120th day after the date on which the
688	690		office of inspector general concludes an investigation of an
689	691		alleged incident of misconduct described by Section
690	692		21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the inspector
691	693		general shall provide to the parent or guardian of the student with
692	694		whom the employee was alleged to have engaged in the misconduct a
693	695		redacted summary report of the investigation, regardless of whether
694	696		the inspector general referred the matter to the attorney general
695	697		or another law enforcement agency. The inspector general shall
696	698		adopt rules to implement this section in accordance with Chapter
697	699		552, Government Code.
698	700		(d) On request of a parent or guardian of a student with whom
699	701		an employee is alleged to have engaged in misconduct described by
700	702		Section 21.006(b)(2)(A) or (A-1) or 22.093(c)(1)(A) or (B), the
701	703		school district, district of innovation, open-enrollment charter
702	704		school, or other charter entity at which the student is enrolled
703	705		shall transfer the student to another district or school campus or a
704	706		neighboring school district. The district, school, or entity shall
705	707		explore options to provide at no expense to the student
706	708		transportation to and from the campus to which the student is
707	709		transferred.
708	710		(e) [(c)] In this section, "inspector general," "office of
709	711		inspector general," and "other charter entity" have [has] the
710	712		meanings [meaning] assigned by Section 21.006.
711	713		SECTION 6. Subchapter C-1, Chapter 22, Education Code, is
712	714		amended by adding Sections 22.0932 and 22.098 to read as follows:
713	715		Sec. 22.0932. REFERRAL OF EMPLOYEE MISCONDUCT ALLEGATIONS
714	716		TO OFFICE OF INSPECTOR GENERAL. (a) In this section, "office of
715	717		inspector general" has the meaning assigned by Section 21.006.
716	718		(b) Not later than 24 hours after receipt of an allegation
717	719		of misconduct described by Section 21.006(b)(2)(A) or (A-1) or
718	720		22.093(c)(1)(A) or (B) by an employee of a school district,
719	721		district of innovation, open-enrollment charter school, other
720	722		charter entity, regional education service center, or shared
721	723		services arrangement, the agency shall refer the allegation to the
722	724		office of inspector general.
723	725		(c) Not later than the second business day after the agency
724	726		refers an allegation under Subsection (b), the agency shall notify
725	727		the person who submitted the allegation to the agency of the
726	728		referral.
727	729		Sec. 22.098. RETALIATION FOR REPORTING EMPLOYEE MISCONDUCT
728	730		PROHIBITED. (a) For purposes of this section, an act of
729	731		retaliation includes:
730	732		(1) an adverse action affecting:
731	733		(A) the enrollment, attendance, or academic
732	734		standing of a student; or
733	735		(B) the employment or volunteering opportunities
734	736		available to a parent or guardian of a student at the educational
735	737		entity; and
736	738		(2) any act of intimidation, threat, coercion, or
737	739		harassment.
738	740		(b) The superintendent or director of a school district,
739	741		district of innovation, open-enrollment charter school, other
740	742		charter entity, regional education service center, or shared
741	743		services arrangement or a county board of school trustees may not
742	744		retaliate against an employee, a parent or guardian of a student, or
743	745		a student who:
744	746		(1) reports an alleged incident of misconduct
745	747		described by Section 21.006(b) or 22.093(c); or
746	748		(2) testifies, assists, or participates in any manner
747	749		in an investigation or proceeding related to an alleged incident of
748	750		misconduct described by Section 21.006(b) or 22.093(c).
749	751		SECTION 7. Section 22.094, Education Code, is amended by
750	752		amending Subsections (b), (d), (e), (f), and (g) and adding
751	753		Subsection (i) to read as follows:
752	754		(b) On receiving a report filed under Section 22.093(f) or
753	755		making an identification described by Subsection (a), the
754	756		commissioner shall promptly send to the person who is the subject of
755	757		the report or identification a notice that includes:
756	758		(1) a statement informing the person that the person
757	759		must request a hearing on the merits of the allegations of
758	760		misconduct within the period provided by Subsection (c);
759	761		(2) a request that the person submit a written
760	762		response within the period provided by Subsection (c) to show cause
761	763		why the office of inspector general [commissioner] should not
762	764		pursue an investigation; and
763	765		(3) a statement informing the person that if the
764	766		person does not timely submit a written response to show cause as
765	767		provided by Subdivision (2), the agency shall provide information
766	768		indicating the person is under investigation in the manner provided
767	769		by Subsection (d).
768	770		(d) If a person who receives notice provided under
769	771		Subsection (b) does not timely submit a written response to show
770	772		cause why the office of inspector general [commissioner] should not
771	773		pursue an investigation, the commissioner shall instruct the agency
772	774		to make available through the Internet portal developed and
773	775		maintained by the agency under Section 22.095 information
774	776		indicating that the person is under investigation for alleged
775	777		misconduct.
776	778		(e) If a person entitled to a hearing under Subsection (a)
777	779		does not request a hearing as provided by Subsection (c), the
778	780		inspector general [commissioner] shall:
779	781		(1) based on the report filed under Section 22.093(f)
780	782		or the identification described by Subsection (a) and the office of
781	783		inspector general's investigation, make a determination whether
782	784		the person engaged in misconduct; and
783	785		(2) if the inspector general [commissioner]
784	786		determines that the person engaged in misconduct described by
785	787		Section 22.093(c)(1)(A) or (B), instruct the agency to add the
786	788		person's name to the registry maintained under Section 22.092.
787	789		(f) If a person entitled to a hearing under Subsection (a)
788	790		requests a hearing as provided by Subsection (c) and, based on that
789	791		hearing and the office of inspector general's investigation, the
790	792		inspector general [final decision in that hearing] determines that
791	793		the person engaged in misconduct described by Section
792	794		22.093(c)(1)(A) or (B), the inspector general [commissioner] shall
793	795		instruct the agency to add the person's name to the registry
794	796		maintained under Section 22.092.
795	797		(g) If a person entitled to a hearing under Subsection (a)
796	798		requests a hearing as provided by Subsection (c) and, based on that
797	799		hearing and the office of inspector general's investigation, the
798	800		inspector general [final decision in that hearing] determines that
799	801		the person did not engage in misconduct described by Section
800	802		22.093(c)(1)(A) or (B), the inspector general [commissioner] shall
801	803		instruct the agency to immediately remove from the Internet portal
802	804		developed and maintained by the agency under Section 22.095 the
803	805		information indicating that the person is under investigation for
804	806		alleged misconduct.
805	807		(i) In this section, "inspector general" and "office of
806	808		inspector general" have the meanings assigned by Section 21.006.
807	809		SECTION 8. Section 21.006(c-2), Education Code, is
808	810		repealed.
809	811		SECTION 9. This Act takes effect January 1, 2026.